United States v. L. Anna T. Reitz

69 F.3d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. L. Anna T. REITZ, Defendant-Appellant. Nos. 94-50274, 94-50312. United States Court of Appeals, Ninth Circuit. Submitted Oct. 16, 1995. * Decided Oct. 26, 1995. 1 Before: POOLE and O'SCANNLAIN, Circuit Judges, and MARQUEZ, ** District Judge. 2 MEMORANDUM *** 3 In these consolidated cases, L. Anna T. Reitz appeals her 70-month sentence imposed following guilty pleas for two counts of armed bank robbery in violation of 18 U.S.C. Sec. 2113 (a), (d). Reitz contends that the district court erred by: (1) refusing to depart downward based upon her imperfect duress defense and gambling addiction; and (2) denying her Fed.R.Crim.P. 35(c) motion to correct her sentence based upon an alleged miscalculation of the applicable Guidelines range. We affirm. 4 Initially, the government contends that the notice of appeal is untimely as to Reitz's downward departure argument. Even…